Remuneration Tribunal (Remuneration and Allowances for

Prepared by the Office of Parliamentary Counsel, Canberra

Remuneration Tribunal (Remuneration and

Allowances for Holders of Full-time Public

Office) Determination 2020

made under subsections 7(3) and (4) of the

Remuneration Tribunal Act 1973

Compilation No. 6

Compilation date: 7 May 2021

Includes amendments up to: F2021L00550

Registered: 14 May 2021

Authorised Version F2021C00430 registered 14/05/2021

About this compilation

This compilation

This is a compilation of the Remuneration Tribunal (Remuneration and Allowances for

Holders of Full-time Public Office) Determination 2020 that shows the text of the law as

amended and in force on 7 May 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending

laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any

uncommenced amendments affecting the law are accessible on the Legislation Register

(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the

compilation date are underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an

application, saving or transitional provision that is not included in this compilation, details are

included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the

modification does not amend the text of the law. Accordingly, this compilation does not show

the text of the compiled law as modified. For more information on any modifications, see the

series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the

law, details are included in the endnotes.


Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public


i

Compilation No. 6 Compilation date: 07/05/2021 Registered: 14/05/2021

Contents

Part 1—Preliminary 1 1 Name ........................................................................................................................... 1 3 When this instrument takes effect ............................................................................... 1 4 Authority ..................................................................................................................... 1 5 Determination supersedes previous determination ...................................................... 1 7 Definitions .................................................................................................................. 1 8 Meaning of total remuneration .................................................................................... 3 9 Remuneration and benefits not to be supplemented .................................................... 3

Part 2—Remuneration 4 10 Total remuneration ...................................................................................................... 4 11 Special provisions for certain offices .........................................................................11 12 Part-time work ...........................................................................................................13 13 Remuneration packaging............................................................................................14

Part 3—Superannuation 15 14 Superannuation ..........................................................................................................15 15 Superannuation salary for the purposes of CSS, PSS, DFRDB and MSBS ...............16

Part 4—Vehicles and business support 18 16 Vehicles .....................................................................................................................18 17 Vehicle parking ..........................................................................................................18 18 Business support ........................................................................................................18

Part 5—Travel and accommodation assistance 19 19 Accommodation assistance ........................................................................................19 20 Accommodation assistance—special provisions ........................................................20 21 Accommodation in official residence ........................................................................20 22 Reunion travel assistance ...........................................................................................21

Part 6—Application and transitional provisions 22 23 Application and transitional provisions—general ......................................................22

Endnotes 23

Endnote 1—About the endnotes 23

Endnote 2—Abbreviation key 24

Endnote 3—Legislation history 25

Endnote 4—Amendment history 26



Preliminary Part 1

Section 1



1


Part 1—Preliminary

1 Name

This instrument is the Remuneration Tribunal (Remuneration and Allowances

for Holders of Full-time Public Office) Determination 2020.

3 When this instrument takes effect

This instrument takes effect at the start of 1 July 2020.

4 Authority

This instrument is made under subsections 7(3) and (4) of the Remuneration

Tribunal Act 1973.

5 Determination supersedes previous determination

This instrument supersedes the Remuneration Tribunal (Remuneration and

Allowances for Holders of Full-time Public Office) Determination 2019.

7 Definitions

In this instrument:

agency, of an office holder, means:

(a) the agency to which the office holder is attached; or

(b) if the office holder is not attached to an agency—the portfolio Department.

benefit means:

(a) any non-monetary benefit provided at the employing authority’s expense to

or for the benefit of an office holder as a personal benefit, including:

(i) a vehicle (see section 16); and

(ii) vehicle parking (see section 17); and

(b) any other benefit received by way of remuneration packaging (see

section 13).

CSS (short for Commonwealth Superannuation Scheme) has the same meaning

as in the Superannuation Act 1976.

DFRDB (short for Defence Force Retirement and Death Benefits) means the

scheme established by the Defence Force Retirement and Death Benefits Act

1973.


Part 1 Preliminary

Section 7

2 Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public



employer superannuation contribution for an office holder means:

(a) if the office holder is a member of the CSS, PSS, DFRDB or MSBS—the

value attributed to the employer superannuation contribution under

subsection 14(1), (2), (3) or (4); or

(b) if the office holder is a member of the PSSAP—15.4% of ordinary time

earnings (within the meaning of the Superannuation Guarantee

(Administration) Act 1992) for the office holder; or

(c) if the office holder is a member of another superannuation fund—the

amount worked out under subsection 14(6).

Note 1: An office holder’s employer superannuation contribution is part of the office holder’s

total remuneration (see section 8).

Note 2: Superannuation contributions made as a result of remuneration packaging do not form

part of an office holder’s employer superannuation contribution (see section 13).

employing authority, in relation to an office holder, means an entity exercising a

power or performing a function in relation to the office holder’s employment or

remuneration.

fringe benefits tax means fringe benefits tax (within the meaning of the Fringe

Benefits Tax Assessment Act 1986 as it applies of its own force or because of the

Fringe Benefits Tax (Application to the Commonwealth) Act 1986).

MSBS (short for Military Superannuation and Benefits Scheme) has the same

meaning as Scheme has in the Military Superannuation and Benefits Act 1991.

office holder means a person who holds an office in column 1 of Table 2A.

office locality, in relation to an office holder, means the geographic locality of

the office holder’s usual place of work on official business.

official business, in relation to an office holder, means business pertaining to or

required by the duties of the office holder’s office.

official travel determination means the Remuneration Tribunal (Official Travel)

Determination 2019 (or any determination that supersedes that determination).

PSS (short for Public Sector Superannuation Scheme) has the same meaning as

Public Sector Superannuation Scheme has in the Superannuation Act 1990.

PSSAP (short for Public Sector Superannuation Accumulation Plan) has the

same meaning as in the Superannuation Act 2005.

superannuation salary, for an office holder who is a member of the CSS, PSS,

DFRDB or MSBS, is the amount worked out under section 15.

Table 2A means the table of total remuneration in section 10.

Table 2B means the table of special provisions for certain offices in section 11.

Table 3A means the table of superannuation salaries in subsection 15(1).


Preliminary Part 1

Section 8



3


Table 3B means the table of superannuation salaries for specified office holders

in subsection 15(2).

Table 5A means the table of accommodation assistance in subsection 19(6).

Table 5B means the table of reunion fares assistance in subsection 22(4).

Table 6A means the table of application and transitional provisions in section 23.

total remuneration: see section 8.

8 Meaning of total remuneration

(1) For the purposes of this instrument, the total remuneration of an office holder is

the amount, per year, in column 2 of Table 2A.

(2) The total remuneration of an office holder represents the value, calculated at the

total cost to the employing authority of the office holder (including fringe

benefits tax), of the following in relation to the office holder:

(a) salary, allowances and lump sum payments;

(b) benefits;

(c) the employer superannuation contribution.

(3) However, the total remuneration of an office holder does not include the

following:

(a) the value of facilities provided as business support that are not required to

be included in total remuneration under section 18;

(b) assistance paid in accordance with Part 5;

(c) reimbursement of expenses incurred on geographic relocation following

appointment as an office holder, in accordance with agency policies and

practices where approved by the employing authority;

(d) travel expenses and allowances under the official travel determination;

(e) payment in lieu of recreation leave in accordance with the Remuneration

Tribunal (Recreation Leave for Holders of Relevant Offices)

Determination 2018 (or any determination that supersedes that

determination);

(f) compensation for early loss of office in accordance with the Remuneration

Tribunal (Compensation for Loss of Office for Holders of Certain Public

Offices) Determination 2018 (or any determination that supersedes that

determination).

9 Remuneration and benefits not to be supplemented

The remuneration and benefits provided for in this instrument must not be

supplemented.


Part 2 Remuneration

Section 10




Part 2—Remuneration

10 Total remuneration

The following table (Table 2A) sets out, for the holder of each office in column

1:

(a) the total remuneration, per year, of the office holder; and

(b) the special provisions of this instrument that apply to the office holder (if

any); and

(c) the travel tier that applies to the office holder for the purposes of the

official travel determination.

Table 2A—Total remuneration

Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Chair, Australian Prudential Regulation Authority $886,750 1

Chairperson, Australian Competition and

Consumer Commission

$775,910 Table 2B,

item 1

1

Chairperson, Australian Securities and Investments

Commission

$775,910 1

Director-General, Office of the Special Investigator $775,910 Table 6A,

item 2

1

Solicitor-General $775,910 Table 2B,

item 2

1

Chief Executive Officer, Services Australia $748,210 1

Australian Federal Police Commissioner $720,480 1

Australian Public Service Commissioner $720,480 1

Director-General, Office of National Intelligence $720,480 1

Deputy Chair, Australian Prudential Regulation

Authority

$709,390 1

Member, Australian Prudential Regulation

Authority

$665,070 1

Director-General of Security, Australian Security

Intelligence Organisation

$665,070 1

Director-General, Australian Signals Directorate $665,070 1

Australian Border Force Commissioner $642,890 1

Deputy Chairperson, Australian Securities and

Investments Commission

$620,730 1

Vice Chief of the Defence Force $609,640 1


Remuneration Part 2

Section 10



5



Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Chair, Productivity Commission $609,640 1

Deputy Chairperson, Australian Competition and

Consumer Commission

$581,940 Table 2B,

item 1

1

Chief of Navy $581,940 1

Chief of Army $581,940 1

Chief of Air Force $581,940 1

Vice President, Fair Work Commission $581,940 1

Chief Executive Officer, Austrade $554,220 1

Chair, Australian Communications and Media

Authority

$554,220 1

Member, Australian Competition and Consumer

Commission

$554,220 Table 2B,

item 1

1

Chief Executive Officer, Australian Criminal

Intelligence Commission

$554,220 1

Chief Executive Officer, Australian Digital Health

Agency

$554,220 1

Australian Electoral Commissioner $554,220 1

Chair, Australian Energy Regulator $554,220 1

Member, Australian Securities and Investments

Commission

$554,220 1

Chair/Chief Executive Officer, Clean Energy

Regulator

$554,220 1

Chief Executive Officer, Digital Transformation

Agency

$554,220 1

Director of Public Prosecutions $554,220 1

Chief Executive Officer, National Disability

Insurance Scheme Launch Transition Agency

$554,220 Table 2B,

item 19

2

Chief Executive Officer, National Indigenous

Australians Agency

$554,220 1

First Parliamentary Counsel $554,220 1

Chief Executive Officer, National Health and

Medical Research Council

$526,520 1

Chief Executive, Australian Financial Security

Authority

$498,810 2

Chief Executive Officer, Australian Transaction

Reports and Analysis Centre

$498,810 2

Director, Bureau of Meteorology $498,810 2

Chief Scientist $498,810 1


Part 2 Remuneration

Section 10





Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Data Standards Chair $498,810 1

Chief Executive Officer, National Housing Finance

and Investment Corporation

$498,810 2

Integrity Commissioner, Australian Commission

for Law Enforcement Integrity

$471,090 1

Examiner, Australian Criminal Intelligence

Commission

$471,090 1

Chief Executive Officer, Australian Research

Council

$471,090 Table 2B,

item 20 and

Table 6A,

item 1

1

Commonwealth Ombudsman $471,090 1

Deputy President, Fair Work Commission $471,090 1

Chief Executive Officer, Independent Hospital

Pricing Authority

$471,090 1

Information Commissioner $471,090 1

Inspector-General of Intelligence and Security $471,090 1

National Disability Insurance Scheme Quality and

Safeguards Commissioner

$471,090 Table 2B,

item 3

2

Aged Care Quality and Safety Commissioner $443,390 2

Australian Building and Construction

Commissioner

$443,390 2

Chief Executive Officer, Australian Commission

on Safety and Quality in Health Care

$443,390 1

Chief Executive Officer, Australian Curriculum,

Assessment and Reporting Authority

$443,390 Table 2B,

item 4

2

President, Australian Human Rights Commission $443,390 Table 2B,

item 5

1

Chief Commissioner, Australian Transport Safety

Bureau

$443,390 1

Chief Executive Officer, Cancer Australia $443,390 2

Fair Work Ombudsman $443,390 1

Inspector-General of Taxation $443,390 1

Chief Executive, Murray-Darling Basin Authority $443,390 1

Coordinator-General, National Drought and North

Queensland Flood Response and Recovery Agency

$443,390 Table 2B,

item 6

1


Remuneration Part 2

Section 10



7



Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Chief Executive Officer, National Offshore

Petroleum Safety and Environmental Management

Authority

$443,390 2

National Skills Commissioner $443,390 Table 2B,

item 21

2

Parliamentary Budget Officer $443,390 2

Deputy Chair, Productivity Commission $443,390 1

Second Parliamentary Counsel $443,390 2

Chief Executive Officer, Sport Integrity Australia $443,390 2

Chair, Australian Accounting Standards Board $415,680 1

Deputy Chair, Australian Communications and

Media Authority

$415,680 1

Inspector-General Australian Defence Force $415,680 2

Member, Australian Energy Regulator $415,680 1

Chief Executive Officer, Australian Fisheries

Management Authority

$415,680 1

Chief Executive Officer, Australian Skills Quality

Authority

$415,680 Table 6A,

item 4

2

Chief Executive Officer, Comcare $415,680 Table 2B,

item 7

2

General Manager, Fair Work Commission $415,680 1

Chair, Pharmaceutical Benefits Advisory

Committee

$415,680 1

Chief Executive Officer, Safe Work Australia $415,680 2

Chair, Auditing and Assurance Standards Board $387,960 1

Director, Australian Institute of Criminology $387,960 1

Director, Australian Institute of Family Studies $387,960 2

Chief Executive Officer, Australian Pesticides and

Veterinary Medicines Authority

$387,960 2

Chief Executive Officer, Australian Radiation

Protection and Nuclear Safety Agency

$387,960 1

Chief Executive Officer, Australian Renewable

Energy Agency

$387,960 2

Director of Military Prosecutions $387,960 2

Associate Director of Public Prosecutions $387,960 1

Commissioner, Fair Work Commission $387,960 1

Freedom of Information Commissioner $387,960 2


Part 2 Remuneration

Section 10





Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Chief Executive Officer, Infrastructure and Project

Financing Agency

$387,960 Table 2B,

item 8

1

Chief Executive Officer, Infrastructure Australia $387,960 Table 2B,

item 9

1

Director-General, National Archives of Australia $387,960 2

General Manager, National Blood Authority $387,960 2

Chief Executive Officer, Northern Australia

Infrastructure Facility

$387,960 Table 2B,

item 10

1

Privacy Commissioner $387,960 2

Commissioner, Productivity Commission $387,960 2

Director, Professional Services Review $387,960 1

Registered Organisations Commissioner $387,960 2

Chief Executive Officer, Australian Centre for

International Agriculture Research

$360,250 2

Member, Australian Communications and Media

Authority

$360,250 1

Aboriginal and Torres Strait Islander Social Justice

Commissioner

$360,250 2

Age Discrimination Commissioner $360,250 2

Disability Discrimination Commissioner $360,250 2

Human Rights Commissioner $360,250 2

National Children’s Commissioner $360,250 2

Race Discrimination Commissioner $360,250 2

Sex Discrimination Commissioner $360,250 2

Chief Executive Officer, Australian National

Preventative Health Agency

$360,250 2

Chief Executive Officer, Australian Radioactive

Waste Agency

$360,250 Table 6A,

item 7

1

Australian Small Business and Family Enterprise

Ombudsman

$360,250 2

Chief Executive Officer, Climate Change Authority $360,250 2

e-Safety Commissioner $360,250 2

Chief Executive Officer, Great Barrier Reef Marine

Park Authority

$360,250 2

Chief Executive Officer, Independent

Parliamentary Expenses Authority

$360,250 2


Remuneration Part 2

Section 10



9



Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Chief Executive Officer, National Mental Health

Commission

$360,250 2

Director of National Parks $360,250 2

Chief Executive Officer, National Transport

Commission

$360,250 1

Official Secretary to the Governor-General $360,250 2

Director, Old Parliament House $360,250 2

Deputy President, Repatriation Commission $360,250 1

Chief Executive Officer, Tertiary Education

Quality and Standards Agency

$360,250 2

Principal Member, Veterans’ Review Board $360,250 1

Chief Executive Officer, Aboriginal Hostels

Limited

$332,550 2

Administrator of the Northern Territory $332,550 1

Commissioner, Australian Charities and

Not-for-profits Commission

$332,550 2

Deputy Electoral Commissioner $332,550 2

Chief Executive Officer, Australian Organ and

Tissue Donation and Transplantation Authority

$332,550 2

Deputy Commonwealth Ombudsman $332,550 2

Chief Executive Officer, Food Standards Australia

New Zealand

$332,550 Table 2B,

item 22 and

Table 6A,

item 8

1

Gene Technology Regulator $332,550 2

Chief Executive, National Capital Authority $332,550 Table 2B,

item 12

2

Administrator of the National Health Funding Pool $332,550 2

Executive Director, Australian Industrial

Chemicals Introduction Scheme

$332,550 2

National Rural Health Commissioner $332,550 2

Registrar of Aboriginal and Torres Strait Islander

Corporations

$304,830 2

Administrator, Christmas and Cocos (Keeling)

Islands

$304,830 Table 2B,

item 13

2

Administrator of Norfolk Island $304,830 2

Aged Care Pricing Commissioner $304,830 2


Part 2 Remuneration

Section 10





Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Chief Executive Officer, Asbestos Safety and

Eradication Agency

$304,830 2

Deputy Australian Building and Construction

Commissioner

$304,830 2

Director General, Australian Safeguards and

Non-Proliferation Office

$304,830 2

Chief Executive Officer, National Faster Rail

Agency

$304,830 2

Chief Executive Officer, National Sports Tribunal $304,830 2

Chief Executive Officer, North Queensland Water

Infrastructure Authority

$304,830 2

Deputy Chair, Pharmaceutical Benefits Advisory

Committee

$304,830 1

Commissioner, Repatriation Commission $304,830 2

Chairperson, Superannuation Complaints Tribunal $304,830 2

Administrator, Torres Strait Regional Authority $304,830 2

Chairperson, Torres Strait Regional Authority $304,830 2

Australian Electoral Officer for New South Wales $277,120 2

Australian Electoral Officer for Victoria $277,120 2

Director of Workplace Gender Equality $277,120 2

Merit Protection Commissioner $277,120 2

Chief Executive Officer, National Health Funding

Body

$277,120 2

Director, Office of Australian War Graves $277,120 2

Executive Director of Township Leasing $277,120 2

Chief Executive Officer, Torres Strait Regional

Authority

$258,393 2

Australian Electoral Officer for Queensland $249,420 2

Director, Classification Board $249,420 Table 2B,

item 15

2

Associate Commissioner, Productivity

Commission

$249,420 2

Student Identifiers Registrar $249,420 2

Deputy Chairperson, Superannuation Complaints

Tribunal

$249,420 2

Director, Tuition Protection Service $249,420 Table 2B,

item 16

2


Remuneration Part 2

Section 11



11



Column 1

Office

Column 2

Total

remuneration

(per year)

Column 3

Special

provisions

Column 4

Travel tier

Senior Member, Veterans’ Review Board $249,420 2

Administrative Appeals Tribunal (former member,

Migration Review Tribunal (MRT))

$221,700 Table 2B,

item 17

2

Administrative Appeals Tribunal (former member,

Refugee Review Tribunal (RRT))

$221,700 Table 2B,

item 17

2

Australian Electoral Officer for Western Australia $221,700 2

Chair (full-time), Central Land Council $221,700 2

Chair (full-time), Northern Land Council $221,700 2

Australian Electoral Officer for South Australia $215,930 2

Australian Electoral Officer for Northern Territory $202,930 2

Australian Electoral Officer for Tasmania $198,280 2

Chair (full-time), Anindilyakwa Land Council $193,990 2

Deputy Director, Classification Board $193,990 Table 2B,

item 15

2

Classifier, Classification Board $138,570 Table 2B,

item 18

3

11 Special provisions for certain offices

The provisions in column 2 of the following table (Table 2B) apply to the

holders of the offices in column 1.

Table 2B—Special provisions for certain offices

Item Column 1

Office

Column 2

Special provision

1 Chairperson, Deputy

Chairperson and Member of

the Australian Competition and

Consumer Commission

(ACCC)

Despite the official travel determination, the ACCC may

put in place arrangements for Members’ travel to Canberra

that are more cost effective than the travel entitlements they

are otherwise entitled to under this determination.

2 Solicitor-General While Dr Stephen Donaghue QC does not establish his

principal place of residence in Canberra, he will be paid an

annualised amount of $34,500 per year instead of the travel

allowance provided for by Division 2 of Part 4 of the

official travel determination that would otherwise be

payable for travel to Canberra.

3 National Disability Insurance Total remuneration for Mr Graeme Head is $541,010 per


Part 2 Remuneration

Section 11





Item Column 1

Office

Column 2

Special provision

Scheme Quality and

Safeguards Commissioner

year for the initial term of his appointment, until 30 June

2021.

4 Chief Executive Officer,

Australian Curriculum,

Assessment and Reporting

Authority

Total remuneration for Mr David de Carvalho is $450,090

per year for the term of his appointment, until 3 March

2022.

5 President, Australian Human

Rights Commission

Total remuneration for Emeritus Professor Rosalind

Croucher is $463,710 per year for the initial term of her

appointment, until 29 July 2024.

6 Coordinator-General, National

Drought and North Queensland

Flood Response and Recovery

Agency

The Hon Shane Stone will receive an additional fixed

loading of $100,000 per year for the term of his

appointment, until 29 February 2024.


Comcare

Total remuneration for Ms Sue Weston is $452,640 per year

for the term of her appointment, until 7 April 2024.


Infrastructure and Project

Financing Agency

Ms Leilani Frew will receive an additional fixed loading of

$75,000 for the term of her appointment, until 9 December

2022.


Infrastructure Australia

Ms Romilly Madew will receive an additional fixed loading

of $75,000 per year, until 29 April 2022.


Northern Australia

Infrastructure Facility

Total remuneration for the Chief Executive Officer is

$435,720 per year until 30 June 2021, during the financial

assistance phase prescribed in section 8 of the Northern

Australia Infrastructure Facility Act 2016.

12 Chief Executive, National

Capital Authority

Ms Sally Barnes will receive an additional fixed loading of

$55,380 for the initial term of her appointment, until

10 February 2023.

13 Administrator, Christmas and

Cocos (Keeling) Islands

Despite the official travel determination, the Administrator

and any immediate family members normally resident with

the Administrator on Christmas Island are entitled to 2

return economy class fares per year each between their

home and work base.

15 Director, Classification Board

and Deputy Director,

Classification Board

On any occasion when the Deputy Director acts as Director,

the Deputy Director is entitled to the remuneration and

other conditions determined for the Director.

16 Director, Tuition Protection

Service

Total remuneration for Mr Vipan Mahajan is $277,210 per

year.

17 Administrative Appeals

Tribunal (AAT) (former

member, MRT), and AAT

(former member, RRT)

This instrument applies to a full-time office holder of the

AAT who is a former member of the MRT or the RRT and

is covered by item 5 of Schedule 9 to the Tribunals

Amalgamation Act 2015 (i.e. for the remaining balance of

the former member’s term of appointment that commenced

before 1 July 2015).


Remuneration Part 2

Section 12



13



Item Column 1

Office

Column 2

Special provision

18 Temporary Classifier If a person is appointed to the Classification Board as a

Temporary Classifier, a daily fee of $576 is payable to the

person, in lieu of other provisions in this Part. The

conditions for payment of the daily fee are as set out in

Part 4 of the Remuneration Tribunal (Remuneration and

Allowances for Holders of Part-time Public Office)

Determination 2020.

The following do not apply to the person:

(a) Part 5 of this instrument;

(b) the Remuneration Tribunal (Recreation Leave for

Holders of Relevant Offices) Determination 2018 (or

any determination that supersedes that determination);

(c) the Remuneration Tribunal (Compensation for Loss of

Office for Holders of Certain Public Offices)

Determination 2018 (or any determination that

supersedes that determination).


National Disability Insurance

Scheme Launch Transition

Agency

Mr Martin Hoffman will receive an additional fixed loading

of $166,260 per year, for the term of his appointment, from

4 November 2019 until 3 November 2022.


Australian Research Council

Total remuneration for Professor Sue Thomas is $489,790

per year for the period beginning on 1 August 2020 and

ending on 2 July 2022.

21 National Skills Commissioner Mr Adam Boyton will receive an additional fixed loading

of $27,700 per year, for the initial term of his appointment,

until 12 October 2025.

22 Chief Executive Officer, Food

Standards Australia New

Zealand

Total remuneration for Mr Mark Booth is $369,550 per year

for the term of his appointment, beginning on 6 March

2021.

12 Part-time work

(1) If an office holder’s employing authority has approved the office holder to

perform the duties of the office on a part-time basis, the total remuneration for

that office is to be paid on a pro rata basis in accordance with the proportion of

full-time hours worked.

(2) However, if the proposed hours are less than 60% of the full-time hours, prior

agreement of the Tribunal is required for the level of remuneration.


Part 2 Remuneration

Section 13




13 Remuneration packaging

(1) Subject to this Part, an office holder may elect to receive the benefit of the total

remuneration, other than the employer superannuation contribution, as salary or a

combination of salary and benefits if:

(a) the election is consistent with relevant taxation laws and rulings or

guidelines applicable to salary packaging schemes issued by the Australian

Taxation Office; and

(b) providing the benefit would not result in a cost to the employing authority

(including any fringe benefits tax) that would not be incurred if the office

holder received the remuneration in the form of salary.

(2) To avoid doubt, a superannuation contribution made as a result of an election by

an office holder under subsection (1) does not form part of the employer

superannuation contribution for the office holder.


Superannuation Part 3

Section 14



15


Part 3—Superannuation

14 Superannuation

Commonwealth Superannuation Scheme

(1) For an office holder who is a member of the CSS:

(a) the office holder’s annual rate of salary for the purposes of the CSS is the

office holder’s superannuation salary; and

(b) for the purposes of paragraph (a) of the definition of employer

superannuation contribution in section 7, the value attributed to the

employer superannuation contribution for the office holder is an amount

equal to 15.4% of the office holder’s superannuation salary.

Note: For the superannuation salary for an office holder who is a member of the CSS, see

section 15.

Public Sector Superannuation Scheme

(2) For an office holder who is a member of the PSS:

(a) the office holder’s basic salary for the purposes of the PSS is the office

holder’s superannuation salary; and

(b) the amount of the office holder’s recognised allowances for the purposes of

the PSS is nil; and

(c) for the purposes of paragraph (a) of the definition of employer




Note: For the superannuation salary for an office holder who is a member of the PSS, see

section 15.

Defence Force Retirement and Death Benefits

(3) For an office holder who is a member of the DFRDB:

(a) the office holder’s annual rate of salary for the purposes of the DFRDB is

the office holder’s superannuation salary; and





Note: For the superannuation salary for an office holder who is a member of the DFRDB,

see section 15.

Military Superannuation and Benefits Scheme

(4) For an office holder who is a member of the MSBS:


Part 3 Superannuation

Section 15




(a) the office holder’s annual rate of salary for the purposes of the MSBS is the

office holder’s superannuation salary; and





Note: For the superannuation salary for an office holder who is a member of the MSBS, see

section 15.

Public Sector Superannuation Accumulation Plan

(5) For an office holder who is a member of PSSAP, the office holder’s

superannuation salary for the purposes of the Superannuation (PSSAP) Trust

Deed is the office holder’s ordinary time earnings (within the meaning of the

Superannuation Guarantee (Administration) Act 1992).

Other superannuation funds

(6) For an office holder who is a member of any other superannuation fund, the

employer superannuation contribution is the minimum contribution that would,

under section 23 of the Superannuation Guarantee (Administration) Act 1992,

reduce the charge percentage for that office holder to nil.

No cash in lieu

(7) The value attributed to the employer superannuation contribution under this

section is referable to a non-salary component of total remuneration and may not

be the subject of an election to take an equivalent amount of salary instead.

15 Superannuation salary for the purposes of CSS, PSS, DFRDB and MSBS

(1) Subject to subsection (2), the superannuation salary for an office holder who is

a member of the CSS, PSS, DFRDB or MSBS is worked out in accordance with

the following table (Table 3A).

Table 3A—Superannuation salary—general

Item If the office holder’s total

remuneration is …

the office holder’s superannuation salary is …

1 $443,390 or more 70% of the office holder’s total remuneration

(rounded up to the nearest $10).

2 less than $443,390 73% of the office holder’s total remuneration

(rounded up to the nearest $10).

(2) If an office or an office holder is specified in column 1 of the following table

(Table 3B), the amount in column 2 is the superannuation salary for a holder of

that office, or for that office holder.


Superannuation Part 3

Section 15



17


Table 3B—Superannuation salary for specified office holders

Item Column 1

Office or office holder

Column 2

Superannuation salary

1 Mr Nick Warner, Director-General, Office of National

Intelligence

$521,610

2 Mr Michael Burgess, Director-General of Security, Australian

Security Intelligence Organisation

$473,760

3 Ms Sue Weston, Chief Executive Officer, Comcare $392,240

3A Dr Stein Helgeby, Parliamentary Budget Officer (beginning

on 18 November 2020)

$386,348

4 Ms Sandra Parker, Fair Work Ombudsman $368,660

5 Mr Michael Manthorpe, Commonwealth Ombudsman $357,220

6 Mr Phillip Glyde, Chief Executive Officer, Murray-Darling

Basin Authority

$356,240

7 Deputy President, Fair Work Commission $343,900

8 Mr David de Carvalho, Chief Executive Officer, Australian

Curriculum, Assessment and Reporting Authority

$315,070

9 Dr James Findlay, Director of National Parks $303,440

10 Mr David Fricker, Director-General, National Archives of

Australia

$299,080

10A Ms Cathryn Pope, Deputy President, Repatriation

Commission (beginning on 6 August 2020, until 5 August

2025)

$293,346

11 Director of Military Prosecutions $287,100

12 Mr Brad Archer, Chief Executive Officer, Climate Change

Authority

$269,080

13 Ms Justine Ross, Chief Executive Officer, Asbestos Safety

and Eradication Agency

$227,240

14 Mr Vipan Mahajan, Director, Tuition Protection Service $205,140

15 Deputy Director, Classification Board $166,840

16 Classifier, Classification Board $119,180


Part 4 Vehicles and business support

Section 16




Part 4—Vehicles and business support

16 Vehicles

(1) If an office holder:

(a) accepts an offer of a vehicle owned or leased by the office holder’s agency

for private use; or

(b) has access to a vehicle owned or leased by the office holder’s agency for

private use;

the actual cost of the vehicle to the agency (including fringe benefits tax), less a

reasonable amount (if any) reflecting business usage patterns, is taken to be a

benefit.

(2) For the purposes of subsection (1):

(a) if the annual business kilometres are less than 5,000—the business usage

amount is to be based on the “cents per kilometre” method; or

(b) if the annual business kilometres are 5,000 or more:

(i) any business usage amount is to be assessed on log book records for at

least a 12 week representative period; and

(ii) the percentage of business use to total kilometres travelled per year is

to be applied to the total cost of the vehicle.

17 Vehicle parking

If an office holder accepts an offer of a car park at Commonwealth expense, the

actual cost (including fringe benefits tax) of the car park to the agency is taken to

be a benefit.

18 Business support

If an office holder is provided with communications, information technology or

other office facilities necessary for the efficient conduct of the office holder’s

office, incidental private use of those facilities does not require the value of the

facilities to be included in total remuneration.


Travel and accommodation assistance Part 5

Section 19



19


Part 5—Travel and accommodation assistance

19 Accommodation assistance

(1) An office holder in column 1 of Table 5A is eligible to be reimbursed for

qualifying accommodation costs while the office holder:

(a) occupies the office in column 2; and

(b) has a principal place of residence in a locality (the PPR locality) other than

the office locality.

Commercial accommodation

(2) For the purposes of subsection (1), if the office holder is in commercial

accommodation in the office locality, the following are qualifying

accommodation costs up to the amount (per year) in column 3 of Table 5A:

(a) the costs of the commercial accommodation;

(b) settling-in costs (including one-off utility connection costs);

(c) if the commercial accommodation does not include cooking facilities—the

cost of meals.

Private, non-commercial accommodation

(3) For the purposes of subsection (1), if the office holder is in private,

non-commercial accommodation (such as the home of a family member or

friend) in the office locality, the costs of the private, non-commercial

accommodation are qualifying accommodation costs up to one third of the

amount (per year) in column 3 of Table 5A.

Exclusions

(4) Assistance is not payable under this section while the office holder lives in

premises owned by the office holder in the office locality.

(5) An office holder is not eligible to access travel allowance entitlements under the

official travel determination in the PPR locality or the office locality while the

office holder remains eligible to receive assistance under this section.

Amounts of accommodation assistance

(6) Amounts of accommodation assistance are set out in the following table (Table

5A).


Part 5 Travel and accommodation assistance

Section 20




Table 5A—Accommodation assistance

Item Column 1

Office holder

Column 2

Office

Column 3

Assistance

(per year)

1 Ms June Oscar Aboriginal and Torres Strait Islander Social Justice

Commissioner (until 3 April 2022)

$40,000

2 Ms Kate Jenkins Sex Discrimination Commissioner, Australian

Human Rights Commission (until 16 April 2021)

$40,000

3 Mr Chin Tan Race Discrimination Commissioner, Australian

Human Rights Commission (until 7 October 2023)

$40,000

4 Professor Dorothy

Keefe

Chief Executive Officer, Cancer Australia (until

2 July 2022)

$40,000

9 Mr Mark Bielecki Registered Organisations Commissioner (until

30 April 2022)

$34,500

10 Mr Christopher Wade Chief Executive Officer, Northern Australia

Infrastructure Facility (until 30 June 2021)

$34,500

10A Dr Christopher Jessup

QC

Inspector-General of Intelligence and Security

(beginning on 8 February 2021, until 7 February

2026)

$34,500

11 Mr Richard Spencer Commissioner, Productivity Commission (until

26 October 2021)

$22,000

20 Accommodation assistance—special provisions

Member of the Classification Board

(1) Subject to individual qualification for this allowance, to be decided by the

employing authority in accordance with agency guidelines, a member of the

Classification Board who has, or had, to relocate to Sydney to take up the

appointment is to be paid an accommodation allowance of $13,500 per year. This

allowance does not represent salary for superannuation.

Defence chiefs

(2) The employing authority may approve housing assistance in accordance with

agency policy and practices for the Vice-Chief of the Defence Force, the Chief of

Navy, the Chief of Army, the Chief of Air Force, and the Director of Military

Prosecutions.

21 Accommodation in official residence

If an office requires the office holder to reside in an official residence, the office

holder’s total remuneration does not include the value of accommodation in the

residence or the running costs of the residence.


Travel and accommodation assistance Part 5

Section 22



21


22 Reunion travel assistance

(1) An office holder in column 1 of Table 5B may receive travel costs of up to the

amount (per year) in column 3 for travel back to the locality of the office

holder’s principal place of residence (the PPR locality) for the purpose of family

reunion, while the office holder occupies the office in column 2.

(2) If the office holder certifies that the workload and responsibilities of the office

prevent the office holder from travelling to the PPR locality for reunion

purposes, the costs of reunion travel by the office holder’s partner, or a child or

children of the office holder or of the office holder’s partner, who resides at the

office holder’s principal place of residence, can be funded. Funding paid in

accordance with this subsection counts towards the limit in subsection (1).

(3) Travel by a person other than the office holder funded in accordance with

subsection (2) must be at economy class, and only for direct travel between the

PPR locality and the office locality.

(4) Amounts of reunion travel assistance are set out in the following table (Table

5B).

Table 5B—Reunion travel assistance

Item Column 1

Office holder

Column 2

Office

Column 3

Assistance (per

year)

1 Ms Natasha Griggs Administrator of Christmas and Cocos (Keeling)

Islands (until 4 October 2020)

$41,840

2 Mr Eric Hutchinson Administrator of Norfolk Island (until 31 March

2021)

$41,400

5 Ms June Oscar Aboriginal and Torres Strait Islander Social Justice

Commissioner (until 3 April 2022)

$27,000

6 Professor Dorothy

Keefe

Chief Executive Officer, Cancer Australia (until

2 July 2022)

$22,200

6A Dr Christopher

Jessup QC

Inspector-General of Intelligence and Security

(beginning on 8 February 2021, until 7 February

2026)

$21,384

7 Dr Stephen

Donoghue QC

Solicitor-General (until 15 January 2022) $20,880

8 Ms Kate Jenkins Sex Discrimination Commissioner, Australian

Human Rights Commission (until 16 April 2021)

$18,500

9 Mr Chin Tan Race Discrimination Commissioner, Australian

Human Rights Commission (until 7 October 2023)

$18,500

10 Mr Mark Bielecki Registered Organisations Commissioner (until

30 April 2022)

$16,824

11 Mr Christopher

Wade

Chief Executive Officer, Northern Australia

Infrastructure Facility (until 30 June 2021)

$16,800


Part 6 Application and transitional provisions

Section 23




Part 6—Application and transitional provisions

23 Application and transitional provisions—general

The following table (Table 6A) sets out application and transitional provisions

for the provisions in column 1.

Table 6A—Application and transitional provisions

Item Column 1

Provision

Column 2

Application and transitional provisions

1 Table 2A, item dealing with

Chief Executive Officer,

Australian Research Council

This item applies on and after 1 August 2020 (see the

Remuneration Tribunal Amendment Determination

(No. 5) 2020).


Director-General, Office of the

Special Investigator

This item, as inserted by the Remuneration Tribunal

Amendment Determination (No. 7) 2020, applies on and

after 4 January 2021.


Chief Commissioner & Chief

Executive Officer, Australian

Skills Quality Authority

The repeal of this item by the Remuneration Tribunal

Amendment Determination (No. 7) 2020 takes effect on

1 January 2021.



Australian Skills Quality

Authority



after 1 January 2021.


Deputy Chief Commissioner,

Australian Skills Quality

Authority



1 January 2021.


Commissioner, Australian Skills

Quality Authority



1 January 2021.



Australian Radioactive Waste

Agency



after 1 December 2020.


Chief Executive Officer, Food

Standards Australia New

Zealand



after 6 March 2021.


Endnotes

Endnote 1—About the endnotes



23


Endnotes


The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:


Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or

will amend) the compiled law. The information includes commencement details for amending

laws and details of any application, saving or transitional provisions that are not included in

this compilation.

The amendment history in endnote 4 provides information about amendments at the provision

(generally section or equivalent) level. It also includes information about any provision of the

compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and

presentational changes to a compiled law in preparing a compilation of the law for

registration. The changes must not change the effect of the law. Editorial changes take effect

from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the

changes in general terms. Full details of any changes can be obtained from the Office of

Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the

amendment to be made. If, despite the misdescription, the amendment can be given effect as

intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”

added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not

incorp)” is added to the details of the amendment included in the amendment history.


Endnotes






ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced


Endnotes




25



Name Registration Commencement Application, saving and

transitional provisions

Remuneration Tribunal

(Remuneration and

Allowances for Holders of

Full-time Public Office)

Determination 2020

18 June 2020

(F2020L00745)

1 July 2020 (s 2(1) item 1)


Amendment Determination

(No. 4) 2020

29 June 2020

(F2020L00811)

Sch 1 (item 1): 1 July 2020 (s

2(1) item 2)

—



(No. 5) 2020

10 Sept 2020

(F2020L01153)

Sch 1 (items 2–8): 11 Sept 2020

(s 2(1) item 1)

—



(No. 6) 2020

9 Oct 2020

(F2020L01294)

Sch 1 (items 1–4): 10 Oct 2020

(s 2(1) item 1)

—



(No. 7) 2020

4 Jan 2021

(F2021L00001)

Sch 1 (items 2–16): 5 Jan 2021

(s 2(1) item 3)

—



(No. 1) 2021

31 Mar 2021

(F2021L00377)

Sch 1 (items 1–11): 1 Apr 2021

(s 2(1) item 1)

—



(No. 2) 2021

6 May 2021

(F2021L00550)

7 May 2021 (s 2(1) item 1) —


Endnotes






Provision affected How affected

Part 1

s 2 .................................................. rep LA s 48D

s 6 .................................................. rep LA s 48C

s 7 .................................................. am F2020L01153; F2021L00001

ed C4

am F2021L00377

Part 2

s 10 ................................................ am F2020L00811; F2020L01153; F2020L01294; F2021L00001

ed C4

am F2021L00377; F2021L00550

s 11 ................................................ am F2020L01153; F2020L01294; F2021L00001; F2021L00550

Part 3

s 15 ................................................ am F2020L01153; F2021L00001

Part 5

s 19 ................................................ am F2020L01153; F2020L01294; F2021L00001; F2021L00377; F2021L00550

s 22 ................................................ am F2020L01153; F2020L01294; F2021L00001; F2021L00377; F2021L00550

Part 6

Part 6 ............................................. ad F2020L01153

s 23 ................................................ ad F2020L01153

am F2021L00377; F2021L00550

Part 6 heading (second ...................

occurring)

ed C4

Part 6 (second occurring) ............... ad F2021L00001

s 23 (second occurring).................. ad F2021L00001

renum

ed C4

s 24 (prev s 23 second occurring) .. rep F2021L00377

Schedule 1 ..................................... rep LA s 48C


Documents

Remuneration Tribunal (Remuneration and Allowances for